[L.L. No. 3-1985, § 3]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A written notice issued and subscribed by a building inspector
or by a code enforcement officer authorized pursuant to this local
law to issue such appearance ticket, and directing a designated person
to appear in the city court at a designated future time in connection
with the alleged commission of a designated offense.
[L.L. No. 3-1985, § 1]
It is in the public interest that offenses and violations of
local laws and ordinances within the city be promptly and expeditiously
enforced by those persons who have the obligation under the charter
of the city to enforce the laws and ordinances of the city. In order
to simplify and expedite the effect of enforcement of the city's
laws and ordinances, it is hereby found to be reasonable to require
certain public employees of the city to issue appearance tickets relating
to the enforcement of any local law, ordinance, rule, or regulation
within the city which affects the public health, safety, and welfare.
[L.L. No. 3-1985, §§ 2, 10; L.L. No. 2-02,
§ 1, 5-28-2002]
(a)
Building inspectors, code enforcement officers, and the fire chief
are authorized to issue appearance tickets as defined in the Criminal
Procedure Law § 150.10 relating to the enforcement of any
local law, ordinance, rule, or regulation of the City of Olean or
New York State Uniform Fire Prevention and Building Code, which affects
the public health, safety, and welfare of the inhabitants of the city.
(b)
A peace officer as defined by Criminal Procedure Law § 2.10
is authorized under this local law to issue appearance tickets relating
to the enforcement of any local law, ordinance, rule, or regulation
affecting the public health, safety, and welfare of the inhabitants
of the city.
[L.L. No. 3-1985, § 4]
A building inspector or a code enforcement officer may issue
and serve an appearance ticket under this article with respect to
designated offenses of less than felony grade when he has reasonable
cause to believe that such person has committed a misdemeanor or has
committed a petty offense in his presence.
[L.L. No. 3-1985, § 5]
An appearance ticket served under this article must be made
returnable in the city court.
[L.L. No. 3-1985, § 6]
An appearance ticket, other than one issued for a traffic infraction
relating to parking, must be served personally.
[L.L. No. 3-1985, § 7]
A building inspector or a code enforcement officer who has issued
and served an appearance ticket must, at or before the time such appearance
ticket is returnable, file or cause to be filed with the city court
an information, a simplified information, or a misdemeanor complaint
charging the person named in such appearance ticket with the offense
specified therein. Nothing contained in this section shall authorize
the use of a simplified information when not authorized by law.
[L.L. No. 3-1985, § 8]
If such accusatory instrument is not sufficient on its face,
as prescribed in Criminal Procedure Law § 100.40, and if
the court is satisfied that on the basis of the available facts or
evidence it would be impossible to draw and file an accusatory instrument
which is sufficient on its face, it must dismiss such accusatory instrument.
[L.L. No. 3-1985, § 9]
If, after the serving of an appearance ticket and filing of
a information or misdemeanor complaint charging the offense designated
therein, the defendant does not appear in the city court at the time
such appearance ticket is returnable, the court may issue a summons
or a warrant of arrest based upon the information or misdemeanor complaint
filed.
